The US Department of Education announced on Friday that educational institutions across the nation must revert to the Title IX policies established during President Donald Trump’s first term. This shift entails reinstating rules that mandate live hearings and increased protections for students accused of sexual misconduct. The new guidance effectively cancels the Biden administration's updates to Title IX, which were designed to cover discrimination based on sexual orientation and gender identity, and were intended to provide broader protections for victims of sexual harassment and violence.

According to a memo from the education department, Title IX, a 1972 law prohibiting sex-based discrimination in educational institutions, will now be enforced according to a set of rules introduced by former Education Secretary Betsy DeVos. These regulations, which have been in effect since 2020, detail the procedures schools must follow when investigating complaints of misconduct and how to resolve cases where accounts differ. The recent changes come in response to a federal court ruling in Kentucky that overturned Biden’s updates, asserting that they infringed upon constitutional free speech rights by mandating schools honor students' preferred pronouns.

The guidance also requires that any ongoing investigations align with the 2020 DeVos rules. Notably, these rules necessitate live hearings, where accused students have the right to cross-examine their accusers—a requirement eliminated under Biden's rule, which critics argue lacked essential due process for the accused. Tyler Coward from the Foundation for Individual Rights and Expression praised the return to the old regulations, citing enhanced fairness and protections for all students involved in such proceedings.

Despite some advocates welcoming these changes, numerous critics have voiced concern that the reinstated policies may discourage victims of sexual violence from coming forward. Emma Grasso Levine from Know Your IX remarked that these changes particularly endanger vulnerable groups, including LGBTQ+ students and survivors of assault, stating, "The shift leaves many without critical protections." The memo further clarified that institutions will be held accountable under the previous framework only if they act with “deliberate indifference” to misconduct cases.

The Education Department has since announced an investigation into Denver Public Schools for converting a girl’s restroom to an all-gender restroom, reflecting a more stringent enforcement of the Trump-era policies regarding sex-based facilities. This move is part of a broader trend among Republican-led states challenging Biden's educational directives.

For more details on this developing story, refer to the full articles from The Hill, AP News, LA Times, The Guardian, and India Times.